Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c) -- Recovery of 80 kgs ganja - Prosecution claims to have recovered contraband from three bags wherein ganja as well as chilies were present - Seizure officer made no effort to conduct a separate weighment of contraband by segregating the chillies - Rather, panchnama is totally silent about..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c) -- Contraband - Search and seizure - Two independent witnesses who were associated in recovery proceedings were not examined in evidence and no explanation was given by prosecution as to why they were not examined - Prosecution neither examined any witness nor produced any document to satisfy..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Physical possession immediately before dispossession is not necessary to allow relief of recovery of possession - Such possession may be a symbolic possession or constructive possession...........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Person who is found in possession of suit property within six months prior to the date of institution of suit is entitled to get relief u/s 6 of the Act - For recovery of possession, plaintiff need not establish his title...........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - If a property is purchased for the benefit of minors, whether such property can be disposed off in any manner without permission of Court would be a question to be decided in appropriate suit and not in a suit u/s 6 of the Act...........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Plaintiff has asserted that he was in possession through his tenants and sometime through his real brothers - One of tenant has come to support said fact that he was inducted in suit premises by plaintiff and after vacating suit premises, he has handed over key to plaintiff - Contention of defendant..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused killed deceased by giving a Dau blow - Body and head of deceased were separated, which shows force with which blow had been dealt - Dau in question was recovered at the instance of accused when he led the police and others to the place of recovery - Eye witnesses stated that accused was a habitual drunkard - Evidence..........
Commercial Courts Act, 2015, Section 2(1)(c) -- Commercial suit - Whether the suit for recovery of money should be treated as commercial dispute within the meaning of S.2(1)(c) - Matter remanded to High Court to reconsider the said issue...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Non-compliance of S.42 of the Act - Recovery effected from the truck in question during transit - S.43 of the Act is thus, attracted - There is no requirement for compliance of S.42 of the Act...........
Indian Penal Code, 1860, Section 301, 302, 307 -- Murder - Evidence tendered by eye witnesses suffered from serious lacunae - Their evidence cannot be said to be credible - There are glaring inconsistencies in the prosecution version which have been magnified by absence of testimony of material witnesses and ballistic report coupled with the non-recovery of weapon of crime..........
